California Insurance Code 1758.76 – A licensee shall not sell insurance pursuant to this article unless …
A licensee shall not sell insurance pursuant to this article unless all of the following conditions are satisfied:
(a) The self-service storage agent provides brochures or other written material to the prospective renter that does all of the following:
Terms Used In California Insurance Code 1758.76
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- license: includes a certificate of convenience and a permanent license, and the term "persons who are licensed" includes the holders of any such certificate or the license, but these definitions and the use of those terms in this chapter shall not confer upon a certificate of convenience or any holder thereof any property right in or to the certificate, the certificate being and remaining only a temporary permit, issued as a matter of convenience, allowing the transaction of insurance without a permanent license, but within the limits, and subject to the conditions of the certificate of convenience issued and the laws applicable thereto. See California Insurance Code 1627
- licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
- Rental agreement: means any written agreement for the terms and conditions governing the use of a storage space provided by a self-service storage company. See California Insurance Code 1758.791
- Renter: means any person who obtains the use of storage space from a self-service storage company under the terms of a rental agreement. See California Insurance Code 1758.791
- Self-service storage agent: means a person or organization licensed pursuant to this article to offer insurance in connection with, and incidental to, rental agreements on behalf of an insurer authorized to write the types of insurance specified in Section 1758. See California Insurance Code 1758.791
- Self-service storage facility: means a person or organization engaged in the business of providing leased or rented storage space to the public. See California Insurance Code 1758.791
- State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
- Storage space: means a room, unit, locker, or open space offered for rental to the public for temporary storage of personal belongings or light commercial goods. See California Insurance Code 1758.791
(1) Summarizes the material terms and conditions of coverage offered to renters, including the identity of the insurer.
(2) Describes the process for filing a claim, including a toll-free telephone number to report a claim.
(3) Discloses any additional information on the price, benefits, exclusions, conditions, or other limitations of the types of insurance specified in Section 1758.75 that the commissioner may by rule prescribe.
(4) Provide the licensee’s name, address, telephone number, and license number and the availability of the department’s toll-free consumer hotline.
(b) The self-service storage agent makes all of the following disclosures to the renter, which shall be acknowledged in writing by the renter, or displayed by clear and conspicuous signs that are posted at every location where rental agreements are executed, such as the counter where a renter would sign a rental agreement:
(1) That the purchase by the renter of the insurance is not required in order to rent storage space. However, the licensee’s employees may advise the renter that the self-service storage facility‘s rental agreement may contain provisions requiring the renter to provide insurance on that renter’s property in the storage unit.
(2) That the insurance policies offered by the self-service storage agent may provide a duplication of coverage already provided by a renter’s homeowners insurance policy or by another source of coverage.
(3) That the self-service storage facility and its employees are not qualified or authorized to evaluate the adequacy of the purchaser’s existing insurance coverage.
(c) If a renter elects to purchase the coverage, evidence of coverage is stated on the face of the rental agreement or is provided to the renter.
(d) The insurance is provided under an individual, a group, or a master policy issued to the self-service storage agent by an insurer authorized to write the types of insurance specified in Section 1758.75 in this state.
(Amended by Stats. 2021, Ch. 133, Sec. 36. (SB 272) Effective July 23, 2021.)